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Home My WebLink About2.0 Resolution 81-216STATE OF COLORADO ss. Recordee at County of Garfield Reception No. BOOK 577 P4E611 p -JUL 1981 317374 MILDRED ALSDORF, RECORDER At a r e gul aX meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Spring on Monday , tie 20th day of July A. D. 19 it , there were present: Larry Velasquez Flaven J. Cerise Eugene 'iJiml' Drinkhouse Arthur A. Abplanalp, Jr. Marisa Rene Dierkes Deputy. , Clerk of the Board when the following proceedings, among others were had and done, to-wi RESOLUTION NO. bl-2lb , Commissioner Chairman , Commissioner , Commissioner , County Attorney RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR DARREL REED. WHEREAS, Darrel Reed has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Sub- division Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 160 acre tract described as follows: That parcel of land as described in Document No. 221987 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 12 and 148 acres each, more or less, which proposed divided tract is more particularly described as follows: Tract A: A parcel of land situated in Homestead Entry Survey #38, Township 4 South, Range 91 West of the 6th Principal Meridian, Garfield County, Colorado, more particularly described as follows: Beginning at Corner 118 of said Homestead Entry Survey ;`38, thence N 17°06'38" W 440.48 feet to the true point of beginning; thence N 90°00'00" W. 893.80 feet; thence N 66°33'59" W. 129.22 feet; thence N 16°43'09" W. 184.92 feet; thence N 11°09'41" E. 230.00 feet; thence N 90°00'00" E. 263.84 feet; thence N 00°00'00" E. 250.00 feet; thence S 00°00'00" E. 348.48 feet; thence N 90°00'00" E. 367.40 feet to a point on the easterly line of said Homestead Entry Survey ,#38; thence S 17°06'38" E. 475.17 feet to the true point of beginning, containing 12.02 acres, more or less. Together with the following described 30.00 foot access easement lying adjacent to and 15.00 feet on either side of the following described line: Beginning at a point on the easterly line of County Road 11243 from whence Corner X68 of said Homestead Entry Survey x`38 bears S 77°24'15" E. 1602.05 feet; thence N 78°44'00" E. 242.10 feet; thence 99.68 feet along the arc of a curve to the right, having a radius of 506.90 feet, a central angle of 11°16'00", (chord bears N 84° 22'00" E. 99.52 feet); thence N 90°00'00" E. 150.00 feet; thence 49.79 feet along the arc of a curve to the right, having a radius of 71.41 feet, a central angle of 39°57'03", (chord bears S 70°01'28" E. 48.79 feet; to a point of termination, from whence Corner #8 of said Homestead Entry Survey ;`38 bears S 69°17'39" E. 1102.37 feet. Also together with the following described 20.00 foot access easement lying adjacent to and 10.00 feet on either side of the following described line: Beginning at Corner i`8 of said Homestead Entry Survey u38, thence N 69°17'39" W. 1102.37 feet to the true point of beginning; thence S 62°59'05" E. 146.26 feet; thence N 16°14'05" E. 101.71 feet to a point of termination that bears N 64°14'26" W. 968.69 feet from Corner ##8 of said Homestead Entry Survey #38. Tract B: The remaining 148 acres; and WHEREAS, the Petitioner Iias demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created does not warrant further subdivision review, and BOOK 577 PAGE61? WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of loc- ating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; ° NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" from the above described 160 acre tract is hereby exempted from such definitions and said tract may be divided into tracts "A" all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided; however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST: A11 Deput• Clerk o the Board of County Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY: ./1).4..w Chairma Upon motion duly made and _seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye F1aven J. Cerise Aye lugene "Jim' Drinkhouse Aye STATE OF COLORADO ss County of Garfield Commissioners I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.